What to Do if You’re Pulled Over for DUI in Alabama

Being
stopped for drunk driving in Alabama can be a frightening experience, especially
if this is the first time. There are harsh legal consequences for a DUI
conviction, such as heavy fines, loss of driving privileges, and even jail
time. The outcome of your case will depend heavily on what you do during the
initial stop and the steps you take shortly thereafter.

There
are several “dos” and “don’ts” to follow during a DUI stop and subsequent arrest:

Do be Respectful

When
you are pulled over for DUI, it is understandable to be rattled and shaken.
However, do your best to stay calm and maintain your composure. No matter how
the officer is treating you, it is always in your best interests be polite,
courteous, and respectful. Never be rude to an officer, and if they ask you to
step out of the car, comply with their request without complaint. The way you
conduct yourself at the initial stop could be helpful later on in negotiating a
deal with the prosecutor.

Do Provide the Required
Information

There
are three pieces of information you are required to provide a police officer
when you are stopped; your driver’s license, registration, and proof of
insurance. Have these documents ready to hand over to the officer when he/she
approaches your vehicle. Try to avoid having to fish around for this
information when the officer is at your window. Provide the required
information when the officer asks for it, then place both hands on the steering
wheel where the officer can see them.

Don’t Answer
Additional Questions

After
you have provided the officer with the required information, you are under no
obligation to answer any further questions. It is important to understand that
if an officer pulls you over for DUI, they already suspect that you are guilty.
The questions they ask you may seem like “small talk”, but they are designed to
obtain probable cause for a DUI arrest. If an officer asks you how much you
have had to drink, do not give them an answer like, “just a couple of beers.” Do not admit to any type of guilt at all. Instead,
politely decline to answer the question and let the officer know that you need
to speak with your attorney first.

Don’t Submit to a
Field Sobriety Test (FST)

Field
sobriety tests are those that are conducted at the roadside during a DUI stop.
Examples may include walking a straight line, standing on one leg, or following
an object with your eyes. Preliminary alcohol screenings (PAS) are another type
of FST that help establish your blood alcohol concentration (BAC) at the time
you are pulled over. In general, there is no good reason to submit to a field
sobriety test unless you are absolutely certain that you are under the legal
limit of .08 BAC. Without the results from an FST, there is less evidence that
can be used against you to establish probable cause for the arrest and
eventually obtain a conviction.

Do Submit to the Chemical
Test after the Arrest

Under
Alabama’s “implied consent” law, you are required to submit to a chemical (breath,
blood or urine) test if probable cause is found to place you under arrest for DUI.
Refusal to take this test can result in an automatic suspension of your
driver’s license along with other enhanced penalties. Your refusal may also be
used as evidence by the prosecutor to argue to the jury that you are guilty of
what you are charged with.

Do Contact an
Experienced DUI Defense Lawyer

Many
individuals who are pulled over for drunk driving wonder if it will make any
difference to contact a DUI attorney. After all, if the police and prosecution
already have proof that you were over the legal limit, how is a lawyer going to
get you out of it? Although the state may have ample evidence against you,
there are often weaknesses in their case that are not always readily apparent.
A DUI lawyer can thoroughly assess the specific circumstances of your case and
put together the most effective defense strategy to minimize the negative
consequences as much as possible.

For
a discreet and confidential consultation with our skilled and experienced DUI defense
attorney, call our office today at (334) 345-2765, or send us a message through
our online
contact form.

The Alsobrook Law Firm is located in Opelika, AL and serves clients in and around Opelika, Loachapoka, Auburn, Salem, Waverly, Cusseta, Smiths, Barbour County, Bullock County, Calhoun County, Chambers County, Clay County, Cleburne County, Coosa County, Dale County, Elmore County, Henry County, Lee County, Macon County, Montgomery County, Pike County, Randolph County, Russell County, Talladega County and Tallapoosa County.

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